Kreung Ethnicity - United Nations in Cambodia
Kreung Ethnicity - United Nations in Cambodia
Kreung Ethnicity - United Nations in Cambodia
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4.2 Offences over property and animals<br />
4.2.1 Theft 13 (steal<strong>in</strong>g and robbery 14 )<br />
The villagers see steal<strong>in</strong>g as tak<strong>in</strong>g away another’s wealth when the owner does<br />
not know or has not agreed, who then realises that their wealth is gone or has<br />
been used by someone else.<br />
Steal<strong>in</strong>g is considered an abuse to the <strong>Kreung</strong> culture <strong>in</strong> Kameng village. When<br />
a theft occurs, the owner of the stolen object must search for the thief by him/<br />
herself or with assistance of family members or close friends <strong>in</strong> the village. If they<br />
f<strong>in</strong>d the suspected person, they would ask a Kanong to mediate this dispute<br />
through negotiation. If the negotiation is successful, the case is concluded. If not,<br />
any party can take the case to the Krak Shrok.<br />
The villagers learned from their ancestors that if both parties and the Krak Shrok<br />
cannot f<strong>in</strong>d the truth, the dispute will be solved by the bet-swear test method<br />
to identify the honest party (see section 4.7.3 for details). First, the two parties<br />
offer their own chicken and jar of w<strong>in</strong>e to sacrifice to the spirits. Then the<br />
‘best-swear test’ takes place. The los<strong>in</strong>g party is required to pay back the stolen<br />
wealth plus the equivalent tatch which may <strong>in</strong>clude a buffalo, cow, pig or<br />
chicken and w<strong>in</strong>e. In cases where the <strong>in</strong>itiat<strong>in</strong>g party w<strong>in</strong>s, s/he must pay a pig<br />
or a chicken and w<strong>in</strong>e to the respond<strong>in</strong>g party to br<strong>in</strong>g an end to the dispute<br />
and allow cont<strong>in</strong>uation of the friendship.<br />
In the event that the perpetrator confesses to the Krak Shrok, the tatch is set<br />
lower than if a bet-swear test had taken place and the perpetrator had lost.<br />
However, thus far <strong>in</strong> this village there have been no serious cases of theft, only<br />
cases of confusion where someone has mistaken their property for someone<br />
else’s. The villagers said that they had lost bicycles or motorbikes which had been<br />
stolen by outsiders when they had come <strong>in</strong>to town. In such cases, the perpetrator<br />
has never been brought to traditional justice due to the <strong>in</strong>ability to trace the<br />
suspected persons.<br />
13<br />
Accord<strong>in</strong>g to the Crim<strong>in</strong>al Code Article 358, this crime is punishable with a sentence of six months to<br />
three years <strong>in</strong> jail a f<strong>in</strong>e of 1-6,000,000 riel.<br />
14<br />
Accord<strong>in</strong>g to the Crim<strong>in</strong>al Code Article 364, this crime is punishable with a sentence of two to five years <strong>in</strong><br />
jail and a f<strong>in</strong>e of 4-10,000,000 riel.<br />
<strong>Kreung</strong> <strong>Ethnicity</strong>: Documentation of Customary Rules<br />
23
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